A lawyer in a probate is hired by a particular person, usually the personal representative. Ethically, the lawyer cannot give advice to other persons, including the heirs who are going to inherit under the will, and cannot disclose confidential matters. What if an heir (whom the lawyer does not represent and there is no dispute in the estate) and asks the lawyer for a status update that does not involve any confidential client disclosure? Although it may seem rude, experience has taught us that it is better to avoid this type of conversation with people who are not customers. The only exception would be if the client tells us: Please take my sister's calls and answer any questions you have about the estate, including any and all issues we've discussed.
In that case, we would need the client's permission to speak to the sister in writing and we would have to be very careful not to give any advice to the sister. Returning to the question, whether the lawyer owes a fiduciary duty to the heirs of a testamentary inheritance depends on the state in which the inheritance is being proved. Only a few states require the attorney to fulfill the same fiduciary duty to the heirs of the estate as the executor. These states believe that since the executor owes a fiduciary duty to the heirs and the lawyer owes a fiduciary duty to the executor, the duty flows from the executor to the lawyer.
If there is a dispute related to the estate that cannot be resolved, the personal representative should consider hiring an estate trial lawyer in Boca Raton to represent the estate. The personal representative is expected to be somewhat neutral and to act in the best interest of all beneficiaries and other stakeholders. As a result, it could be said that they are obliged to hire a lawyer to defend themselves against any contradictory lawsuit brought by the heirs or other parties. One of the biggest sources of conflict in the legalization of inheritance is understanding the role of the lawyer hired by the executor of a testamentary inheritance.
Once an inheritance proceeding is opened, any “interested party” may file a succession action with the court to challenge certain aspects of the proceeding. An estate lawyer is also known as an estate lawyer and will participate in different ways depending on the particular circumstances of that estate. Whether you are the executor or an heir to the estate estate, knowing the role of the lawyer is one of the first steps you should take at the beginning of the probate process. If you are involved in an estate that is mired in disputes, an estate trial lawyer in Boca Raton can help you find the way forward.
In a probate case, the estate attorney generally represents the Personal Representative, in his or her fiduciary capacity. If the decedent left a will and appointed someone as executor, that person will normally hire an attorney to initiate probate proceedings on their behalf. If the estate estate is in one of the majority states, the lawyer's first letter should begin with a sentence that reads: “I have been hired by Mr. On the other side of the coin, heirs or beneficiaries who have problems with estate management will likely need to contract an estate.
trial attorney to represent your claim. A probate lawyer is a state-licensed attorney who works with executors and beneficiaries of an estate to resolve the decedent's affairs. A Boca Raton Probate Trial Attorney Can Make Sure Your Claim Receives the Consideration It Deserves. An estate trial lawyer in Boca Raton can defend you against any such claim and help you move forward with your responsibility to manage the estate.